News
Partner Tim West on 2017 Missouri Legislative Session
With a Republican super majority in the legislature and Republican Eric Greitens replacing Democrat Jay Nixon as holder of the veto stamp, there could be a lot of legislation passed and signed into law that has had the legs the past few years. For those of us in Kansas City area, that means concern or joy (depending on your perspective) over the prospect of another bill to repeal the 1% earnings tax. For the full article by Tim West , click here …
Read More >Partner Jennifer Wieland on Proportionality in Discovery
A federal magistrate judge in Kansas recently held that proportionality is the consideration at the “forefront” of an analysis of whether discovery will be permitted. The order also addressed the scope of relevant discovery in an FLSA misclassification case, and permitted discovery of plaintiffs’ employment records from other, concurrent employers. For the full article by Jennifer Wieland , click here .
Read More >David Oliver Included Among Kansas City’s 250 Most Powerful Business Leaders
Partner David Oliver has been named to the Ingram’s 250 – a list of “the most powerful business leaders in the Kansas City area.” The list purports to include the 250 people who are “the drivers behind business being done in the greater Kansas City area region.” Ingram’s describes David as an “award-winning trial lawyer handling business disputes in state and federal courts.” David identifies his biggest achievement as “helping our clients solve their problems quickly, efficiently, and reasonably.” David lists his greatest passion …
Read More >Berkowitz Oliver Attorneys Named to Super Lawyers and Rising Stars Lists
Eleven Berkowitz Oliver attorneys have been selected to the 2016 Missouri & Kansas Super Lawyers and Rising Stars Lists: Christina DiGirolamo Wahl , Jeff Morris , and Jim Eisenbrandt were selected as Super Lawyers for Criminal Defense: White Collar. Shazzie Naseem was selected as a Super Lawyer for Criminal Defense. Nick DiVita , Stacey Gilman , Nick Kurt , and David Oliver were selected as Super Lawyers for Business Litigation. Tom Schult was selected as a Super Lawyer for PI – Products: Defense. John Shaw was selected as a Super Lawyer for Securities Litigation. Jennifer Wieland was selected as a Rising Star for Business Litigation. …
Read More >Partner Christina DiGirolamo Wahl on Bank Fraud Statute
The Supreme Court heard oral argument in Shaw v. U.S., No. 15-5991, on October 4, 2016. A key issue in this case is whether the bank-fraud statute, 18 U.S.C. 1344(1), which makes it a crime to execute, or attempt to execute, a scheme to defraud a financial institution, requires proof of a specific intent not only to deceive, but also to cheat, a bank out of funds. For the full article by Christina DiGirolamo Wahl , click here .
Read More >Partner Jennifer Wieland on FLSA Settlement Confidentiality
Confidentiality clauses are standard in commercial settlement agreements. It is common practice for parties to agree not to disclose the terms of their settlement to anyone except spouses, attorneys, and tax or financial advisors. However, a recent Kansas federal court order found such a provision to be overly-restrictive in an FLSA case and resulted in the Court refusing to approve the settlement. For the full article by Jennifer Wieland , click here .
Read More >Carson Hinderks Joins Berkowitz Oliver
Carson Hinderks joined Berkowitz Oliver as an associate attorney on September 12. Carson is a graduate of Colorado State University, College of Business, with a B.S. in Business Administration, and the University of Kansas School of Law. After law school, he spent four years representing businesses and private individuals in state and federal energy and public utility matters at a law firm in Overland Park, Kansas. Most recently, he was a judicial law clerk for the Hon. Daniel D. Crabtree, …
Read More >Partner Tim West on Missouri Legislature’s Veto Session
The Missouri Legislature’s veto session began on Wednesday, September 14. By the end of Day 1, 13 of Governor Nixon’s 20 vetoes had been overridden. Berkowitz Oliver partner Tim West is authoring a series of articles on the impact of the bills under consideration. The first article in the series allows concealed carry without a permit and expands the so-called “stand your ground” law. For the full article, click here .
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